MARTIN ALAMISI AMIDU vs. THE ATTORNEY-GENERAL, WATERVILLE HOLDINGS (BVI) LTD. AND ALFRED AGBESI WOYOME U.T. BANK LIMITED (UNDER RECEIVERSHIP)

The case arises from a Supreme Court judgment dated 29 July 2014 ordering Alfred Agbesi Woyome to refund GHC 51,283,480.59 to the State. In executing this judgment, the Attorney-General issued a writ of Fieri Facias attaching properties believed to belong to Woyome. U.T. Bank Limited, in receivership, claimed interest in the attached properties, leading to interpleader proceedings before a single Supreme Court judge. The applicant (Woyome) objected to the jurisdiction of the single judge, arguing that execution should be carried out by the High Court to preserve the right of appeal, which does not exist in the Supreme Court execution process. The single judge overruled this objection, prompting the present application for reversal under Article 134b of the Constitution.

DORDZIE (MRS), JSC:- This application is brought under Article 134 (b) of the 1992 Constitution of the Republic of Ghana. The applicant herein is praying this court to reverse the decision of the single judge of this court delivered on the 3rd of December 2018. Article 134 of the 1992 Constitution of the Republic of Ghana empowers a single justice of the Supreme Court to exercise the powers vested in the Supreme Court in matters that do not involve the decision of the cause or matter before the Supreme Court; and any order, decision or direction made or given by the single judge under Article 134 may be varied, discharged or reversed by a three member panel of the Court. Article 134 reads: A single Justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that - ( a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a pers...